015-1 Wyo. Code R. §§ 1-9 - Expungement of DNA Profiles

(a) Criteria for Expungement - The Expungement of information in the state DNA Database is authorized in W.S. 7-19-405. Prior to initiation of expungement, the Division of Criminal Investigation shall receive an original written request from offender for expungement accompanied by a certified copy of the court order reversing and dismissing the conviction and providing for expungement.

(i) The Assistant Attorney General assigned to DCI shall verify the written request and the certified copy of the court order for expungement.

(ii) Upon verification of the expungement order, the Assistant Attorney General shall give copies of the request, the court order and a memorandum of verification for expungement to the Supervisor of the Crime Laboratory.

(b) Laboratory Procedures for Expungement of DNA Profiles - The Wyoming State Crime Laboratory procedures for the expungement of information contained in the State DNA Database shall follow the protocol as stated below.

(i) The supervisor of the Crime Laboratory shall request the CODIS Manager to retrieve and destroy from the original case file all identifiable information for the subject.

(A) A memorandum shall be placed in the original case file and state that all original identifiable information has been deleted pursuant to a court order for expungement.

(B) A memorandum stating that sufficient information has been received to expunge specific DNA records and directing the CODIS Administrator to expunge the DNA records will be issued by the Laboratory Director.

(C) No identifying information shall be contained in the memorandum for deletion of information.

(ii) The Supervisor of the Crime Laboratory shall notify the CODIS Manager that identifying information, DNA records, and DNA Database information shall be removed from the state DNA database system for the subject of the expungement order.

(A) The CODIS Manager shall remove all identifying information and the DNA records from the state DNA database within five (5) working days and perform a request to the National DNA Index System for deletion.

(B) A memorandum from the CODIS Manager to the Supervisor of the Crime Laboratory shall be issued within five (5) working days confirming that the DNA records and identifying information have been removed from the state CODIS database.

(C) No identifying information shall be contained in the memorandum of deletion by the CODIS Manager.

(D) A copy of the memorandum of deletion from the state DNA database shall be included in the original case file.

(E) The Supervisor of the Crime Laboratory shall retain in a separate filing system, originals of all expungement orders and copies of resulting memoranda.

(F) A letter confirming the expungement will be sent to the DOC stating that the expungement of the DNA profile, the blood sample, and the personal identifying information has been destroyed.

Notes

015-1 Wyo. Code R. §§ 1-9